Can household businesses engrave seals?
Article 44 of the Enterprise Law 2014 stipulates:
An enterprise has the right to decide on the form, quantity, and content of the enterprise's seal. The content of this Article is guided by Decree 96/2015/ND-CP and Decree 108/2018/ND-CP.
According to Article 66 of Decree 78/2015/ND-CP on enterprise registration:
Sole proprietorships formed by an individual or a group of individuals who are Vietnamese citizens aged 18 and above, with full civil act capacity, or by a household, can only register for business at one location, employ less than ten workers, and bear liability with all their assets for business activities.
Households engaged in agricultural, forestry, fisheries, salt production, and individuals selling street goods, snacks, itinerant selling, mobile businesses, and low-income service providers are not required to register, except for conditional business lines. The People's Committee of the province or centrally-run city stipulates the low-income threshold applicable locally.
Sole proprietorships employing ten or more workers must register to form an enterprise as regulated.
Previously, under the Decree on enterprise registration:
A sole proprietorship did not have a seal, meaning it was prohibited from using a seal, and violations would be penalized accordingly.
Currently, Decree 78/2015/ND-CP on enterprise registration does not prohibit sole proprietorships from using a seal; however, unlike enterprises, there are no specific guidelines on the procedures for registering a seal template and other related seal procedures for sole proprietorships.
Therefore, in practice, sole proprietorships can still use seals but mainly for informational purposes and not as legal seals, as they do not undergo registration procedures like enterprise seals.
Respectfully!
